Speaker Bios Mike Farrell Farrell, White & Legg PLLC

Speaker Bios

Mike Farrell

Farrell, White & Legg PLLC

Huntington, WV

Mike is the founding and managing member of Farrell, White & Legg. He is a distinguished trial lawyer,

author, lecturer, bar and educational leader. He is a Fellow of the American College of Trial Lawyers and

has been recognized by Chambers USA as an outstanding litigator. For more than fifteen years, the Best

Lawyers in America recognized Mike as a West Virginia Best Lawyer in both the Business Litigation and

Defense of Personal Injury Litigation categories.

He enjoyed his six month sabbatical in 2005 serving as the Interim President of Marshall University. His

current practice concentrates on complex litigation involving products liability, mass torts, commercial

and employment litigation.

His significant body of trial and appellate work includes the recognition of the sophisticated user and

bulk supplier defenses in 2009, Liaison Counsel for the West Virginia Perchloroethylene Litigation, the

Rezulin Class Action, St. Paul Class Action trial and defense verdict, the 1979 judicial adoption of

modified comparative negligence and many other significant cases regarding products liability,

commercial litigation, class actions, mass torts, employment, medical malpractice and insurance bad

faith.

He is admitted to the United States Supreme Court, the Courts of Appeal for the Fourth, Sixth and

District of Columbia Circuits, plus the federal and state courts in West Virginia and Kentucky. Twice in his

career, the West Virginia Attorney General appointed him Special Assistant Attorney General. The Chief

Justice appointed him to the Judicial Ethics Hearing Board and Co-Chairman of the Products Liability Jury

Instruction Task Force.

His scholarly national and international publications include a chapter regarding the Joint Defense

Doctrine published by the International Association of Defense Counsel in its 2001 best-selling book

Advocacy in the 21st Century, a featured article in the Defense Research Institute's Medical Malpractice

Monograph in 1997, and law review articles published in The Defense Law Journal, American Journal of

Trial Advocacy and West Virginia Law Review. He is a frequent lecturer for educational programs

including a products liability presentation in 2010 for the West Virginia State Bar and an earlier products

liability presentation at the National Safety Council's Annual meeting in San Diego.

He has been and continues to serve as an Adjunct Assistant Professor for the Departments of Surgery

and Family Practice at the Marshall University Joan C. Edwards School of Medicine. His mock trial

medico-legal programs for the medical schools at Marshall University and West Virginia University as

well as trial advocacy programs for the West Virginia State Bar, Mountain State Bar, Defense Trial

Counsel and West Virginia University College of Law are in high demand. He is a member of the Adjunct

Faculty for the Marshall University School of Pharmacy.

His bar career includes the Presidency of the Defense Trial Counsel of West Virginia and the West

Virginia Chapter of ABOTA. He has served as a member of the Board of Governors for the West Virginia

State Bar and Defense Trial Counsel of West Virginia.

The last four West Virginia Governors have appointed him to multiple higher education governing

boards including University System Board of Trustees, West Virginia Higher Education Interim Governing

Board (Vice-Chairman), Marshall University Board of Advisors (Vice-Chairman) and Marshall University

Board of Governors (Vice-Chairman). He served two terms on the West Virginia University College of

Law Visiting Committee including the Chairmanship. Mike has served two terms as President of Guyan

Golf & Country Club and multiple terms as President of the Huntington YMCA Soccer and Little League

Baseball.

Dr. Terry W. Fenger

Marshall University Forensic Science Center (“MUFSC”)

Huntington, WV

Dr. Terry W. Fenger has served as the Director of the Forensic Science Center since 1994 and oversees

the FEPAC accredited Forensic Science Graduate Program, the Forensic DNA Analysis laboratory, and the

Digital Forensics section. Dr. Fenger received his PhD in Microbiology from Southern Illinois University

and then conducted post doctoral research at LSU Medical Center in New Orleans.

In addition to administrative responsibilities Dr. Fenger serves as an instructor in the following courses

within the Forensic Science Curriculum: Crime and Death Investigation, Bioterrorism, Foundations and

Fundamentals In Digital Evidence, Digital Evidence Search and Seizure and Laboratory Management.

His research interests include various projects that focus on human identification through DNA

technologies and aspects of digital evidence examination. He is also an investigator on the bacterial

source tracking project.

Dr. Fenger has served on numerous national, state and university committees and presents project

updates and reports at national meetings.

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CURRICULUM VITAE

MICHAEL J. FARRELL

The Farrell Building

P.O. Box 6457

914 Fifth Avenue

Huntington, West Virginia 25772-6457

Phone: 304/522-9100

Facsimile: 304/522-9162

Website: www.farrell3.com

PROFESSIONAL

FARRELL, WHITE & LEGG PLLC

Managing Member

Huntington, West Virginia

(February, 2011 to Present)

FARRELL, FARRELL & FARRELL, PLLC

Managing Member


(July, 1997 to February, 2011)

FARRELL & FARRELL, LC Managing Partner


(July, 1995 to June, 1997)

JENKINS, FENSTERMAKER, KRIEGER, KAYES, FARRELL & AGEE Partner, Chief of Litigation Section


(1994 - 95)

JENKINS, FENSTERMAKER, KRIEGER, KAYES & FARRELL Partner, Chief of Litigation Section


(1979 - 94)

JENKINS & FENSTERMAKER Associate


(1977 - 79)

http://www.farrell3.com/

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PREISER & WILSON Associate

Charleston, West Virginia

(1974 - 77)

EDUCATION

WEST VIRGINIA UNIVERSITY COLLEGE OF LAW Morgantown, West Virginia

Doctor of Jurisprudence, 1974

MARSHALL UNIVERSITY Huntington, West Virginia

Bachelor of Science, 1969

HALL OF FAME INDUCTIONS

Marshall University College of Business Hall of Fame (Inducted, 2012)

The Harless Center for Rural Education Hall of Fame (Inducted, 2014)

PROFESSIONAL ORGANIZATIONS AND SOCIETIES

American Academy of Health Care Attorneys

American Bar Association

American Board of Trial Lawyers

President, West Virginia Chapter, 1995 - 99

President Elect, West Virginia Chapter, 1994-95

Vice President, West Virginia Chapter, 1993-94

American College of Trial Lawyers, Fellow

West Virginia State Committee, 2014-2016

Teaching/Trial & Appellate Advocacy Committee, 2009-14

American Hospital Association

American Judicature Society

American Society of Law & Medicine

Association of Defense Trial Attorneys

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Cabell County Bar Association

Defense Research Institute (1979 to present)

Defense Trial Counsel of West Virginia:

President, 1988-89

Vice President, 1987-88

Treasurer, 1986-87

Secretary, 1985-86

Board of Governors, 1983-90

Executive Committee, 1983-89

Editor-In-Chief and Founder, Defense Trial Counsel Handbook,

1984-1987

Continuing Legal Education Program Director, 1983-86

Member, 1983 to present

International Association of Defense Counsel

Member, 1987 to Present

Advocacy, Practice and Procedure Committee, 1987 - Present

Business Litigation Committee 1994 - Present

Drug Device and Biotech Committee, 1995 - Present

Editorial Board, Defense Counsel Journal, 1998 - Present

Employment Law Committee, 1990 - Present

Medical Defense Committee and Health Law, 1987 - Present

Product Liability Committee, 1987 - Present

Toxic and Hazardous Substances Committee, 1995 - Present

State Membership Committee, Membership Chair, 2000 – 2012

Litigation Counsel of America, Fellow

Trial Lawyer Honorary Society, 2013

West Virginia State Bar:

Member, 1974 to Present

West Virginia Law Institute, 1988 to Present

Board of Governors, 1980 to 1981

Founding Chairman, Committee on Law & Medicine, 1982 to 1985

Co-Chairman, Committee on Pattern Jury Instructions,

1985 to 1988

Committee on Specialization, 1980 to 1981

Committee on Civil Rules, 1976 to 1981

Committee on Public Understanding of the Law, 1976 to 1980

West Virginia State Bar, Young Lawyers Section:

Chairman, 1980 to 1981

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Vice Chairman, 1979 to 1980

Secretary-Treasurer, 1978 to 1979

West Virginia Bar Association:

Committee on Judicial Administration and Legal Reform

Joint Committee on Screening Medical Malpractice Cases,

1982 to 1985

FEDERAL COURT PRACTICE

United States Supreme Court (May 1, 1978)

United States Court of Appeals for the District of Columbia

(May 13, 1991)

United States Court of Appeals for the Fourth Circuit

(November 22, 1974)

United States Court of Appeals for the Sixth Circuit

(November 16, 2000)

United States District Court for the Northern District of West Virginia

(November 19, 1974)

United States District Court for the Southern District of West Virginia

(May 28, 1974)

United States District Court for the Eastern District of Kentucky

(February 21, 1991)

United States District Court for the Western District of Kentucky

(May 30, 1995)

United States District Court for the Southern District of Illinois (1991)

STATE COURT PRACTICE

Licensed in West Virginia (May 28, 1974)

Licensed in Kentucky (February 8, 1989)

Admitted to practice in the West Virginia Supreme Court of Appeals

(May 28, 1974)

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Admitted to practice in all courts in the Commonwealth of Kentucky

(February 8, 1989)

Admitted pro hac vice in Madison County, Illinois (1983)

Admitted pro hac vice in Alabama (Approximately 1997; 2000, 2005)

Admitted pro hac vice in the Fourth Judicial District Court of Hennepen

County, Minnesota (2013)

Admitted pro hac vice in Wise County, Virginia (2014-15)

STATE OF WEST VIRGINIA HIGHER EDUCATION APPOINTMENTS

Statewide Goverance

West Virginia Higher Education Policy Commission

-Commissioner, (2013-Present) Appointed by Governor Tomblin.

University System Board of Trustees of West Virginia

-Member (1997-2000) Appointed by Governor Underwood.

West Virginia Higher Education Interim Governing Board

-Chairman Pro-Tem (2001)

-Vice Chairman (2000-2001)

- Appointed by Governor Wise.

Marshall University

Interim President (2005)

o Successful cooperation with West Virginia University and

interaction with the West Virginia Legislature and Governor

Manchin that resulted in the enactment Senate Bill 603 that

modified the West Virginia Code and authorized public-

private financing of capital projects; restoration of curriculum

authority to both Universities and authorized private

investment of University funds previously held by the State of

West Virginia; operational and academic flexibility for the

University.

o Appointed new deans in the Lewis College of Business, the

College of Education, the School of Journalism and Mass

Communications and the College of Health Sciences.

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o Successfully engaged in fund raising on behalf of the Marshall

University Foundation.

o Actively interacted with West Virginia’s Congressional

Delegation to secure funding for University projects and

maintenance of Pell Grant funding for eligible students.

o Expansion of the Pt. Pleasant Campus that facilitated a

substantial increase in the enrollment.

o Convened multiple forums to receive input from the faculty in

Huntington, South Charleston and Pt. Pleasant.

o Convened multiple forums with the students in Huntington,

South Charleston and Pt. Pleasant to receive their input..

o Initiated the first electronic communications with the student

body to report on campus issues.

o Negotiated a contract for a seven game football series with

West Virginia University.

o Secured funding for a new television studio for use by WPBY

and the School of Journalism and Mass Communications.

o Modified the Buck Harless Student Athlete Academic

Advising Program to establish greater accountability.

o Established a relationship with the Huntington Black

Ministerial Association to expand awareness of the value of

higher education within the African-American community.

o Hired a football coach following Coach Pruett’s retirement.

o Initiated discussions with a private entity to evaluate

feasibility of constructing the Recreation Center and new

dormitories through private financing.

o Initiated contact with Hollywood regarding the filming of a

feature film regarding the Marshall University football team.

o Met with the Charleston Gazette Publisher, Managing Editor

and Editorial Board to address inequitable coverage and

charges to Marshall University.

o Authorized financing to the Marshall University Forensic

Science Center to build out its empty space.

o Established the Presidential Art Gallery.

o Authorized the initiative that resulted in the Marshall

University Joan C. Edwards School of Medicine Orthopedic

Residency.

o Donated $25,000 to the Marshall University Foundation to

establish the Leadership Program.

Board of Advisors (2000-2001)

Board of Governors (2001-2004, 2005 – 2013)

-Vice Chairman (2001-2002)

-Chairman, Academic Committee (2001-2004)

-Chairman, Athletic Committee (2005-2009)

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-Finance, Audit & Facilities Committee (2009-13)

-Appointed by Governors Wise, Manchin and Tomblin.

< Honors Program

-Guest Lecturer re: Nature v. Nurture (2011-13)

< Financial Support for the Benefit of Higher Education

-Secured $3,200,000 from Class Action Settlement for the benefit

of the Marshall University Joan C. Edwards School of Medicine.

West Virginia University

College of Law Visiting Committee

-Chairman (1993-94)

-Member (1990-94, 2005-2009)

-Guest Lecturer at College of Law

-Guest Lecturer at College of Law Continuing Legal Education

Seminars

Beijing University School of Medicine

< Guest Lecturer, under the auspices of the Eisenhower Citizen

Ambassador Program, Seminar presented to the Faculty regarding

Resolution of Medical-legal Disputes in the United States (1991)

University of Kentucky

< Guest Lecturer, Graduate School, Department of Kinesiology and

Health Promotion. (2011)

University of Maryland College of Law

< Guest Lecturer at Baltimore regarding Appellate Advocacy (2012)

Temple University School of Medicine

< Guest Lecturer, Timberline Series regarding Medical Malpractice and

Health Care Risk Management (1988-89)

WEST VIRGINIA ATTORNEY GENERAL APPOINTMENTS

Special Assistant Attorney General, State of West Virginia

Represented the West Virginia State Board of Education in Pauley v.

Bailey (renamed Tomblin v. Gainer), a 23+ year case regarding the

Constitutionality of West Virginia Public Education Financing

Litigation [aka The Recht Decision]. (1998 to 2002)

Special Assistant Attorney General, State of West Virginia

Represented the West Virginia Board of Regents regarding Marshall

University Stadium Litigation. (1992 to 1995).

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STATE OF WEST VIRGINIA HEALTH CARE APPOINTMENTS

West Virginia Health Care Planning Commission Task Force on Quality

of Care and Practice Liability (1992)

WEST VIRGINIA SUPREME COURT OF APPEALS APPOINTMENTS

Faculty, West Virginia Spring Judicial Conference (2004)



West Virginia Judicial Ethics Hearing Board [Lawyer Member]

(1981-85)

Co-Chairman, Product Liability Pattern Jury Instruction Committee

(2000-01)

MARSHALL UNIVERSITY SCHOOL OF PHARMACY

ACADEMIC APPOINTMENTS

Adjunct Faculty, School of Pharmacy (2012 to Present)

MARSHALL UNIVERSITY JOAN C. EDWARDS SCHOOL OF MEDICINE

ACADEMIC APPOINTMENTS

Clinical Associate Professor, Department of Surgery, (2004 to Present)

Clinical Associate Professor, Department of Family & Community

Health, (1997 to Present)

ARBITRATION APPOINTMENTS

Arbitrator, National Association of Securities Dealers (1991-95)

FEDERAL JUDICIARY APPOINTMENT

Civil Justice Expense and Delay Reduction Advisory Group for the

United States District Court, Southern District of West Virginia

(1991)

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CRIMINAL LAW PRACTICE

Successful Defense of USA v. Arch A. Moore, Governor of the State of

West Virginia, United States District Court for the Southern District of

West Virginia. (1975)

Multiple State Court cases in Kanawha and Cabell Counties, West

Virginia. (1974 to 1992)

Multiple Grand Jury Representations relating to commercial and

environmental investigations. (1974 to 1985)

Consultant to the Cabell County Prosecuting Attorney. (2014 to 2015)

AWARDS & RECOGNITIONS

Honorary Member of the Marshall University Joan C. Edwards School of

Medicine Alumni Association (2009)

Benchmark Litigation Star (2013 to 2015)

International Who’s Who for Product Liability Defense in 2012 (one of

only four lawyers selected in the State of West Virginia)

Chambers U.S.A. [Band 1, General Commercial Litigator],

(2009 to 2015)

Fellow, American College of Trial Lawyers (Inducted, 2009)

The Best Lawyers in America (1997-2015):

“Bet The Company” Litigation

Personal Injury Litigation - Defense

Commercial Litigation

Products Liability Litigation – Defense

Labor & Employment Litigation

2014 Charleston, WV “Lawyer of the Year” Litigation – Labor &

Employment

West Virginia Super Lawyers (2006-2015)

West Virginia’s Top Ten, Ranked 3rd in the State (2012-2015)

Product Liability Super Lawyer

Martindale-Hubbell Rating: AV

Fellow, West Virginia Bar Foundation (Inducted, 2005)

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Teaching Award, American Academy of Family Physicians (1996)

Teaching Award, Marshall University School of Medicine Department of

Family and Community Health (1993)

Distinguished Service Award, Mountain State Bar Association (1987)

Distinguished Faculty Award, Defense Trial Counsel of West Virginia

(1986)

Outstanding Member Award, Defense Trial Counsel of West Virginia

(1985)

Distinguished Service Award, YMCA of Huntington (1985)

Mountaineer Teaching Award, West Virginia University College of Law

(1983)

Distinguished Young Men of America (1979, 1980 & 1981)

Outstanding West Virginian Award (1976)

REPORTED OPINIONS—HIGHEST WEST VIRGINIA and KENTUCKY APPELLATE

COURTS

State ex rel J.C. v. Mazzone, ___W. Va. ___, 772 S.E.2d 336 (2015) .

In re Irivbogbe, 2014 W. Va. LEXIS 589.

State ex rel J.C. v. Mazzone, 233 W. Va. 457, 759 S.E.2d 200 (2014)

In W. Va. ex rel. N. River Ins. Co. v. Chafin, 233 W. Va. 289, 758 S.E.2d

109 (2014)

Burnworth v. George, 231 W. Va. 711, 749 S.E.2d 604 (2013)

State ex rel Discover Financial Services v. Nibert, 231 W. Va. 227, 744

S.E.2d 625 (2013)

Coleman v. Hackney, 2013 W. Va. Lexis 736 (2013)

McDonald v. City Hospital, Inc., 227 W. Va. 707, 715 S.E.2d 405 (2011)

(Amicus Curiae)

White v. Wyeth, 227 W. Va. 131, 705 S.E.2d 828 (2010)

{F0724052.15 }11

Peters v. Rivers Edge Mining, Inc., 224 W. Va. 160, 680 S.E.2d 791

(2009) (Amicus Curiae)

Heartland, L.L.C. v. McIntosh Racing Stable, L.L.C., 219 W. Va. 140,

632 S.E. 2d 296 (2006)

Davis v. Eagle Coal and Dock Co., 220 W. Va. 18, 640 S.E. 2d 81 (2006)

168 L. Ed.2d 262, 2007 U.S. LEXIS 7531 (U.S. June 11, 2007)

Morris v. Crown Equipment Corp., 219 W. Va. 347, 633 S.E.2d 292,

Prod. Liab. Rep. (CCH) P 17, 632 W. Va. (2006)

Gibson v. Northfield Ins. Co., 219 W. Va. 40, 631 S.E. 2d 598 (2005)

In re: Tobacco Litigation, 218 W. Va. 301, 624 S.E. 2d 738 (2005)

Calhoun v. Traylor, 218 W. Va. 154, 624 S.E. 2d (2005)

Gibson v. Northfield Ins. Co., 219 W. Va. 40, 631 S.E.2d 598 (2005)

Calvert v. Scharf, 217 W. Va. 684, 619 S.E.2d 197 (2005)

State ex rel. Mantz v. Zakaib, 216 W. Va. 609, 609 S.E.2d 870 (2004)

Rose v. St. Paul Fire and Marine Insurance Co., 215 W. Va. 250, 599

S.E.2d 673 (2004)

In re: Tobacco Litigation, 215 W. Va. 476, 600 S.E.2d 188 (2004)

In re: West Virginia Rezulin Litigation v. Hutchison, 214 W. Va. 52, 585

S.E.2d 52 (2003)

Estate of Verba v. Graphery, 210 W. Va. 30, 552 S.E.2d 406 (2001)

(Amicus Curiae)

In Re West Virginia Rezulin Litigation, S.E. 2d, 2001, WL 1818442, (W.

Va. Cir. Crt. 2001)

Glover v. St. Mary's Hospital of Huntington, Inc., 209 W. Va. 695, 551

S.E.2d 31 (2001)

Sheetz v. Bowles Rice McDavid & Love, 209 W. Va. 318, 547 S.E.2d

256 (2001)

Moore v. St. Joseph's Hospital of Buckhannon, Inc., 208 W. Va. 123, 538

S.E.2d 714 (2000)

{F0724052.15 }12

DeVane v. Kennedy, 205 W. Va. 519, 519 S.E.2d 622 (1999) (Amicus

Curiae)

Dolen v. St. Mary's Hospital of Huntington, Inc., 203 W. Va. 181, 506

S.E.2d 624 (1998)

Walters v. Fruth Pharmacy, Inc., 196 W. Va. 364, 472 S.E.2d 810 (1996)

Harrison v. Davis, 197 W. Va. 651, 478 S.E.2d 104 (1996)

Staten v. Dean, 195 W. Va. 57, 464 S.E.2d 576 (1995)

County Commission of Boone County v. Hill, 194 W. Va. 481, 460 S.E.2d

727 (1995)

Boyle v. Boyle, 194 W. Va. 124, 459 S.E.2d 401 (1995)

Johnson v. Nedeff, 192 W. Va. 260, 452 S.E.2d 63 (1994)

Birthisel v. Tri-Cities Health Services Corp., 188 W. Va. 371, 424 S.E.2d

606 (1992)

Rogers v. Rogers, 185 W. Va. 102, 405 S.E.2d 235 (1991)

Pasquale v. Ohio Power Co., 186 W. Va. 501, 413 S.E.2d 156 (1991)

Mullett v. City of Huntington Police Pension Board, 186 W. Va. 488, 413

S.E.2d 143 (1991)

Committee on Legal Ethics of West Virginia State Bar v. Morton, 186 W.

Va. 43, 410 S.E.2d 279 (1991)

State v. Merritt, 183 W. Va. 601, 396 S.E.2d 871 (1990)

Hicks v. Wilson, 182 W. Va. 660, 391 S.E.2d 350 (1990)

Gilman v. Choi, 185 W. Va. 177, 406 S.E.2d 200 (1990)

Morris v. Boppana, 182 W. Va. 248, 387 S.E.2d 302 (1989)

Hatcher v. Narcise, 180 W. Va. 20, 375 S.E.2d 198 (1988)

Craig v. City of Huntington, 179 W. Va. 668, 371 S.E.2d 596 (1988)

Cline v. Jumacris Mining Co., 177 W. Va. 589, 355 S.E.2d 378 (1987)

{F0724052.15 }13

Wayne County Bank v. Hodges, 175 W. Va. 723, 338 S.E.2d 202 (1985)

Vincent v. Preiser, 175 W. Va. 797, 338 S.E.2d 398 (1985)

Craft v. Rice, 671 S.W.2d 247 (Ky. 1984)

Sydenstricker v. Unipunch Products, Inc., 169 W. Va. 440, 288 S.E.2d

511 (1982) (Established the right of an employer to implied indemnity

against a product manufacturer in a Mandolidis claim.)

Napier v. Plymale, 167 W. Va. 372, 280 S.E.2d 122 (1981)

Hinkle v. Martin, 163 W. Va. 482, 256 S.E.2d 768 (1979)

Bradley v. Appalachian Power Co., 163 W. Va. 332, 256 S.E.2d 879

(1979) (Established the controlling law of comparative negligence.)

REPORTED OPINIONS—FEDERAL COURTS OF APPEALS

E.D. v. Pfizer, Inc. 722 F.3d 574 (2013)

Smith v. Bayer Corp., (In Re Baycol Prods. Litig.), 593 F.3d 716 (8th Cir.

2010)

Medical Assurance of West Virginia, Inc. v. U.S., 233 Fed. Appx. 235,

2007 WL 1203584 (2007) (Amicus Brief)

Huff v. J.H. Fletcher & Co., 113 F.3d 1232 (4th Cir. 1997)

Shaffer v. J.H. Fletcher & Co., 83 F.3d 416 (4th Cir. 1996)

Baber v. Hospital Corporation of America, 977 F.2d 872 (4th Cir. 1992)

Connors v. Link Coal Co., Inc., 970 F.2d 902 (D.C. Cir. 1992)

Vincent v. Reynolds Memorial Hospital, Inc., 881 F.2d 1070 (4th Cir.

1989)

Superior Pocohontas Coal Co. v. Island Creek Coal Co., 840 F.2d 11

(4th Cir. 1988)

Sharples Coal Corp. v. Commercial Union Ins. Co., 818 F.2d 29 (4th Cir.

1987)

{F0724052.15 }14

In re: A.H. Robbins Co., Inc., 828 F.2d 1023, 93 A.L.R. F. 93 (4th Cir.

1987)

Stapleton v. Ashland Oil, Inc., 774 F.2d 622 (4th Cir. 1985)

Wilner v. Horne’s Inc., 1975 U.S. App LEXIS 13908 (4th Cir. 1975)

REPORTED OPINIONS—UNITED STATES DISTRICT COURTS

Harper v. Bayer Corp., (In re Trasylol Prods. Liab. Litig.), 2013 U.S.

Dist. LEXIS 42093 (S.D FL 2013)

Quinones v. Bayer Corp., (In re Trasylol Prods. Liab. Litig.), 2013 U.S.

Dist. LEXIS 42093 (MDL S.D FL 2013)

In re Trasylol Prods. Liab. Litig., 2013 U.S. Dist. LEXIS 49139 (MDL

S.D FL 2013)

Emplr. Teamsters-Local Nos. 175/505 Health & Welfare Trust Fund v.

Bristol Myers Squibb Co., 2013 U.S. Dist. LEXIS 21589 (S.D. W. Va.

2013)

In re Am. Med. Sys., Inc., 2012 U.S. Dist. LEXIS 176329 (MDL S.D. W.

Va. 2012)


Va. 2012)

J.C. v. Pfizer, Inc., 2012 U.S. Dist. LEXIS 136791 (S.D. W. Va. 2012)


Va. 2012)


Va. 2012)


Va. 2012)


Va. 2012)


Va. 2012)

{F0724052.15 }15


S.D FL 2011)

In re C.R. Bard, Inc., 2012 U.S. Dist. LEXIS 98420 (MDL S.D. W. Va.

2012)


Va. 2012)


Va. 2012)


Va. 2012)


Va. 2012)


Va. 2012)

Atchison v. Novartis Pharms. Corp, U.S. Dist. LEXIS 37697 (S.D. W.

Va.)

Atchison v. Novartis Pharms. Corp, U.S. Dist. LEXIS 33384 (S.D. W.

Va.)


Va. 2012)

Baisden v. Alpha & Omega Coal Corp., 2012 U.S. Dist. LEXIS 9893

(S.D. W. Va. 2012)


S.D FL 2011)

Hines v. Wyeth Pharms, Inc., 2011 U.S. Dist. LEXIS 89698 (MDL S.D

W. Va. 2011)


W. Va. 2011)


W. Va. 2011)


S.D FL 2011)

{F0724052.15 }16


W. Va. 2011)


W. Va. 2011)


W. Va. 2011)


W. Va. 2011)

Clark v. Bayer Corp. (In re Trasylol Prods. Liab. Litig.), 2011 U.S. Dist.

LEXIS 73318 (MDL S.D FL 2011)

Michael v. Wyeth, LLC, 2011 U.S. Dist. LEXIS 56157 (MDL S.D W. Va.

2011)


2011)


W. Va. 2011)

Keffer v. Wyeth, 791 F. Supp.2d 539 (MDL S.D W. Va. 2011)


2011)

Keffer v. Wyeth, 2011 U.S. Dist. LEXIS 51793 (MDL S.D W. Va. 2011)


2011)


2011)

Keffer v. Wyeth, 2011 U.S. Dist. LEXIS 40355 (MDL S.D W. Va. 2011)

Royce v. Wyeth, LLC, 2011 U.S. Dist. LEXIS 40257 (MDL S.D W. Va.

2011)

Trasylol Prods. Liab. Litig. v. Bayer Corp., 2011 U.S. Dist. LEXIS 38012

(MDL S.D FL 2011)

{F0724052.15 }17


S.D FL 2011)


2011)

Dzik v. Bayer Corp. (In re Yasmin & Yaz), 2010 U.S. Dist. LEXIS

136983 (MDL S.D. IL 2010)

In re Trasylol Prods. Liab. Litig., 754 F. Supp.2d 1331 (MDL S.D FL

2011)

In re Trasylol Prods. Liab. Litig., 2010 U.S. Dist. LEXIS 140204(MDL

S.D FL 2010)


S.D FL 2010)


S.D FL 2010)


S.D FL 2010)


S.D FL 2010)

In re Trasylol Prods. Liab. Litig. v. Bayer Corp., 2010 U.S. Dist. LEXIS

116894 (MDL S.D FL 2010)

Marsden v. Arnett & Foster, P.L.L.C., 2009 U.S. Dist. LEXIS 100215

(S.D. WV 2009)

Marsden v. Arnett & Foster, P.L.L.C., 2009 U.S. Dist. LEXIS 93654

(S.D. WV 2009)

Roney v. Gencorp., 2009 LEXIS 85816 (S.D. W. Va. 2009)


S.D FL 2009)

Roney v. Gencorp., 2009 U.S. Dist. LEXIS 84859 (S.D. W. Va. 2009)

Roney v. Gencorp., 2009 U.S. Dist. LEXIS 83651 (S.D. W. Va. 2009)

{F0724052.15 }18

Southeast Laborers Health & Welfare Fund v. Bayer Corp., 655

F.Supp.2d2d 1270 (MDL S.D. FL 2009)

Roney v. Gencorp. 654 F. Supp.2d 501 (S.D. W. Va. 2009) (S.D. W. Va.

2009)

Hall v. Martin Engineering Co., 597 F. Supp. 2d 651 (S.D. W. Va. 2009)

Osborne .v. King, 570 F. Supp. 2d 839 (S.D. W. Va. 2008)

In re Trasylol Prods. Liab. Litig., 545F. Supp.2d 1357 (MDL S.D FL

2010)

Perry v. Tri-State Chrysler Jeep, LLC, 2008 U.S. Dist. LEXIS 33218

(S.D. W. Va. 2008)

Roney v. Gencorp., 2006 WL 1582363 (S.D. W. Va. 2008)

Osborne v. King, 570 F.Supp.2d 839 (S.D. W. Va. 2008)

McDonald v. Unicare Life & Health Ins. Co., 2008 U.S. Dist. LEXIS

3859 (S.D. W. Va. 2008)

White v. Wyeth, Inc. (In Re Prempro MDL), 2007 U.S. Dist. LEXIS

23237 (MDL E.D. AK 2007)

White v. Wyeth, Inc. (In Re Prempro MDL), 2007 U.S. Dist. LEXIS

18514 (MDL E.D. AK 2007)

Roney v. Gencorp, 431 F. Supp. 2d 622 (S.D. W. Va. 2006)

Cline v. Hanby, 2006 U.S. Dist. LEXIS 90469 (S.D. W. Va. 2006)

Baisden v. Bayer Corp., 275 F. Supp. 2d 759 (2003)

In re Baycol Prods. Liab. Litig., 287 F. Supp.2d 1379 (MDL D. Minn.

2003)

Mantz v. St. Paul Fire & Marine Ins. Co., 2003 U.S. Dist. LEXIS 10123

(S.D. W. Va. 2003)

Reynolds v. Ultimate Health Services, Inc., 2002 U.S. Dist. LEXIS

28609 (S.D. W. Va. 2002)

McCallister v. Purdue Pharma, L.P., 164 F. Supp. 783 (S.D. W. Va.

2001)

{F0724052.15 }19

West Virginia-Ohio Valley Area I.B.E.W. Welfare Fund v. American

Tobacco Co., 188 F.R.D. 425 (S.D. W. Va. 1999)

West Virginia Laborers’ Pension Trust Fund v. Philip Morris, Inc., WL

964983 (S.D. W.Va. 1998)

American States Ins. Co. v. Fishes Hot Dog Huntington, Inc., 1999 WL

33510174 (S.D. W. Va. 1999)

Moore v. Goodyear Tire & Rubber Co., 1998 U.S. Dist. LEXIS 17486

(S.D. W.Va. 1998)


Tobacco Co., 1998 U.S. Dist. LEXIS 15016 (S.D. W. Va. 1999)


Tobacco Co., 29 F. Supp.2d 733 (S.D. W. Va. 1998)

Scott v. Taco Bell Corp., 892 F. Supp. 142 (S.D. W.Va. 1995)

Hurst v. St. Mary’s Hospital of Huntington, Inc., 867 F. Supp. 435 (S.D.

W.Va. 1994)

Alpha Welding & Fabricating, Inc. v. Todd Heller, Inc., 837 F. Supp. 172

(S.D. W.Va. 1993)

Vincent v. Reynolds Memorial Hosp., Inc., 141 F.R.D. 436, 23 Fed. R.

Serv. 3d 1293, (N.D.W. Va. 1992)

Superior Pocahontas Coal Co., Inc. v. Island Creek Coal Co., 657 F.

Supp. 796 (S.D.W.V. 1987)

BOOK CHAPTERS PUBLISHED

“Destructive and Nondestructive Testing or Examination” (to be

published in the IADC Defense Counsel Training Manual in the Spring of

2016)

“Joint Defense Agreements” Book Chapter in Advocacy in the 21st

Century published by International Association of Defense Counsel (Fall,

2001)

"Civil Litigation" Chapter, West Virginia Practice Handbook (Michie

Company, 1988)

{F0724052.15 }20

LAW REVIEW ARTICLES AND NATIONALLY PUBLISHED MONOGRAPHS

“Resurrecting, The Dormant Defenses: Assumption of Risk, Patient

Negligence, Avoidable Consequences and Winning The Medical

Malpractice Case,” 1997 Defense Research Institute Medical

Malpractice Monograph 8 (Chicago, 1997)

“Medication Malpractice Claims, Culprits and Defenses,” 16 Am.J. of

Trial Advocacy 65 (1992) Updated and expanded version reprinted

in 42 Defense Law Journal 315 (1993)

"Communication in the Courtroom, Jury Instructions," 85 W. Va. L. Rev.

5 (1982)

"The Law of Medical Malpractice in West Virginia," 82 W. Va. L. Rev.

251 (1979)

INTERNATIONALLY PUBLISHED NEWSLETTER ARTICLES

“Peters v. Rivers Edge Coal Company --- Behold A Dangerous

Employment Law Intersection” IADC Labor & Employment

Committee Newsletter (July 2009)

“Learned Intermediary Doctrine Survives for Another Year,” IADC

Drug, Device and Biotech Committee Newsletter (January, 1998)

“Psychiatric Malpractice: Defense Considerations When the Patient

Commits Suicide,” IADC Medical Negligence Newsletter (July,

1997)

“The Product Modification and Alteration Defense: Considerations and

Strategies,” IADC Product Liability Newsletter (April, 1997)

PERIODIC LITERATURE PROFESSIONAL ARTICLES

"Medication Malpractice," 10 Professional Liability Newsletter,

Houston, Texas (December, 1988)

“Automobile Litigation, Comparative Negligence, Multiple Tortfeasors,

Contribution and Third Party Claims,” 1 (4) The West Virginia

Lawyer 20 (October, 1988)

{F0724052.15 }21

"We The Jury," a short story, The West Virginia Lawyer 36 (November,

1987)

"Informed Consent and the Emergency," 5 Professional Liability

Newsletter 1 (Houston, Texas)(1983)

"Proof of Damages," 6 W. Va. State Bar Journal 52 (1980)

"Utilizing Discovery," YLS Newsletter, (February, 1980)

"Comparative Negligence," YLS Newsletter, (November, 1979)

"Mandolidis - First Impression and Second Thoughts," The Advocate,

(April, 1979)

"Ethics Committee Changes - Enough or Too Much?," West Virginia

State Bar Journal (1978)

HIGHER EDUCATION SEMINARS

“Becoming a Successful Forensic Economic Expert”, Marshall University

Lewis College of Business (April 7, 2015)

“Who, What, Where, Why & How a Pharmacist Can Get Sued or Hurt;”

presented to the Marshall University School of Pharmacy, Second Year

Class, (November 10, 2014)

“Pharmacy Ethics & Disciplinary Enforcement Actions and Jail;”

presented to the Marshall University School of Pharmacy, Second Year

Class, (November 3, 2014)

“Expectations and Intersections: Presidents and Boards” presented at the

West Virginia Board of Governors Higher Education Summit (August 1,

2014)

“Nature v. Nurture - The Criminal Mind and the American System of

Justice” Marshall University Honors College presented at the Marshall

University Forensic Science Center, Huntington, WV (October 9, 2012)

“Appellate Advocacy,” – University of Maryland College of Law,

Baltimore MD (April 12, 2012)

“Nature v. Nurture--Why and How Professionals Fail Themselves and

Others” Marshall University Honors College presented at the Marshall

University Forensic Science Center, Huntington, WV (November 29,

2011)

{F0724052.15 }22

“Intercollegiate Athletics – The Intersection of the Board, President,

Athletic Director & The Law” – University of Kentucky, Department of

Kinesiology and Health Promotion, Lexington, Kentucky (February, 2011)

“The Predicate Act of Persuasion” – Marshall University, College of Arts

& Sciences Legal Communications Course (September, 2008)

“Medical Malpractice 101: A Trial Simulation” — Mock Trial —

Marshall University Joan C. Edwards School of Medicine, (May, 2007)

“Risk Management Issues for the Family and Sports Medicine Doctor,”

Marshall University Family Medical Conference (November, 2005)

“Legal Obligations (and Perils) Related to the Practice of Medicine”

Marshall University Joan C. Edwards School of Medicine (July, 2004)

“Medical Malpractice 101: A Trial Simulation” — Mock Trial —

Marshall University Joan C. Edwards School of Medicine (April, 2004)

“Litigating the Medical and Hospital Malpractice & Product Liability

Case” — Mock Trial — Marshall University School of Medicine (March,

2001)

“Primer on Contracts and Commercial Transactions,” Marshall

University School of Medicine Senior Seminar (August, 2000)

“Professionalism, Harassment & Abuse: The Interface of Common

Sense, Law and Ethics,” Marshall University School of Medicine Senior

Seminar (July, 2000)

“Diagnostic Malpractice,” Marshall University School of Medicine

Internal Medicine Annual Medico-Legal Seminar (September, 1999)

“Medical Malpractice Mock Trial,” Marshall University School of

Medicine, Family Practice Residency (March, 1997)

“Defense of Medical and Hospital Malpractice Litigation,” Lugar Trial

Advocacy Program ~ West Virginia University College of Law

(November, 1996)

“How to Avoid Family Medicine Malpractice,” Marshall University

School of Medicine (June, 1996)

“Primary Care Malpractice: Lay and Nursing Staff Issues,” Marshall

University School of Medicine (September, 1995)

{F0724052.15 }23

“Emergency Medicine/Product Liability Mock Trial,” Marshall

University School of Medicine (March, 1995)

“Masters In Trial, Obstetrical Malpractice Mock Trial,” American Board

of Trial Advocates Seminar at West Virginia University School of

Medicine (March, 1995)

"Malpractice Primer for Family Practice Physicians," Marshall

University Medical School (February, 1994)

"Physician-Patient Communications," Marshall University School of

Medicine (September, 1992)

"Medical Malpractice Mock Trial," Marshall University School of

Medicine Family Practice Residency Program (February, 1992)

"A Medical Malpractice Primer," Marshall University School of

Medicine (September, 1991)

"A Docudrama Trial of a Medical Malpractice Case," Marshall

University School of Medicine (July,1991)

"Medical Malpractice Workshop," West Virginia University College of

Law (February, 1991)

"Opening Statements," Marilyn E. Lugar Trial Advocacy Seminar, West

Virginia College of Law (September, 1989)

"Law of Sports Medicine," Marshall University Medical School Second

Annual Sports Medicine Conference (December, 1983)

"Legal Aspects of Infection Control," Marshall University Medical

School Infectious Disease Conference (November, 1983)

“Opening Statements,” Marilyn E. Lugar Trial Seminar, WVU College of

Law (October, 1983)

"Surgical Malpractice - How to Avoid It," Marshall University Medical

School (October, 1981)

"The Opening Statement - Trial Tactics Seminar," West Virginia

University College of Law (February, 1981)

"Proof of Damages In A Personal Injury Case," Marilyn E. Lugar/West

Virginia State Bar - College of Law CLE Seminar, Morgantown,

West Virginia (September, 1980)

{F0724052.15 }24

"Written Persuasion - The Lost Art of Legal Advocacy," West Virginia

University College of Law Marilyn E. Lugar Seminar Series

(September, 1979)

“Trial Advocacy Seminar,” West Virginia University College of Law

Marilyn E. Lugar Seminar Series (September, 1979)

"Cross Examination Techniques in a Criminal Case," West Virginia

University College of Law Student Trial Lawyers Association

Seminar (September, 1978)

PROFESSIONAL LEGAL SEMINAR EDUCATIONAL PUBLICATIONS

“Ethical Consequences—What Defense Lawyers and Other Lawyers Do

and Fail to Do,” W. Va. Continuing Legal Education 36th Annual

Mountaineer CLE Series (September 5, 2015)

“Rules 801, 803 & 804 Hearsay and the Exceptions to Hearsay Can Be

Valuable Tools for a Prosecutor” presented to professional staff of

the Office of Prosecuting Attorney for Cabell County, West Virginia,

(November 7, 2014)

“Opening Statements by a Prosecuting Attorney;” presented to

professional staff of the Office of Prosecuting Attorney for Cabell

County, West Virginia, (August 22, 2014)

“Ethical Hail Marys – Perspectives on What Defense Lawyers Do That

They Should Not Do” West Virginia Continuing Legal Education

Seminar – WVU College of Law, Morgantown, WV (September 4,

2011)

“Workplace Litigation ~ An Emerging Intersection Between Products

liability and Mandolidis” – West Virginia Continuing Legal

Education -- Litigation 2010, Canaan Valley Lodge, Davis, West

Virginia (February 19-20, 2010)

“Expert Witness Reports – The Boundary Lines for the Case” Defense

Trial Counsel Young Lawyers Committee – Expert Witness

Workshop, Charleston, West Virginia (October 17, 2008)

“Current Status of Gentry Analysis in West Virginia–Updating and

Understanding The Law of Expert Witness Testimony,” West

Virginia State Bar/College of Law Continuing Legal Education

Seminar Book, Morgantown, West Virginia (September 23, 2005)

{F0724052.15 }25

“Rule 404(b): What is Admissible,” West Virginia State Bar/College of

Law Continuing Legal Education Seminar Book, Morgantown, West

Virginia (September 18, 2004)

“Motion Practice In The United States District Courts Situate In West

Virginia,” West Virginia State Bar/College of Law Continuing Legal

Education Seminar Book, Morgantown, West Virginia (October 10,

2003)

“Analysis And Perspectives Regarding The 2003 Significant Statutory

Changes To The Medical Professional Liability Act, W. Va. Code §

55-7B-1 et seq.” West Virginia Spring Judicial Conference,

Snowshoe, West Virginia (May 9, 2003)

“A Candid Commentary and Examination of the Amended Medical

Professional Liability Act and Selected Medical Malpractice

Topics,” West Virginia Spring Judicial Conference, Charleston, WV

(May 9, 2002)

“A Trial Lawyer's Commentary on Justice Cleckley's Legacy - Standard

of Review,” Defense Trial Counsel of West Virginia Annual

Handbook (June, 1997)

“Expert Witness Strategic Considerations: Qualification and Exclusion

in West Virginia,” Defense Trial Counsel of West Virginia Annual

Handbook (June, 1996)

“The Law of Expert Witness Qualification and Exclusion in West

Virginia,” West Virginia State Bar Litigation Seminar Handbook

155 (February, 1996)

“Managing the Evidence and Making the Appellate Record: Strategic

Considerations for Motions in Limine, Objections, Motions to Strike,

and Post Trial Motions,” 1995 West Virginia State Bar CLE Trial

Seminar Handbook 85 (February, 1995)

“Winning Through Discovery,” Mountain State Bar, Annual Meeting

CLE Handbook (May, 1994)

“Spoliation of Evidence in Product Liability Cases,” 1994 Defense Trial

Counsel of West Virginia Handbook and Cabell County Bar

Association, Myrtle Beach Seminar Handbook (March, 1994)

“West Virginia Refines Wrongful Discharge Cause of Action in 1992,”

Cabell County Bar Association Myrtle Beach Seminar (March,

1993)

{F0724052.15 }26

“Checklists and Buzz Words for Human Resource Managers in West

Virginia's Litigious Healthcare Environment - Avoiding The

Wrongful Discharge,” West Virginia Hospital Human Resources

Association Seminar Handbook (April, 1992)

“Management's Rights in West Virginia's Litigious Environment,” West

Virginia Hospital Association Seminar Handbook (October, 1991)

“Communications in a Litigious Society,” Marshall University Medical

School Seminar Handbook (September, 1991)

"How to Avoid Malpractice Litigation," Temple University Timberline

Medical-Legal Conference Handbook (January, 1989)

"Minimizing the Personal Injury Damage Claim," Mountain State Bar

Seminar Handbook (December, 1988)

"Ethical and Malpractice Pitfalls for the Litigator," Cabell County Bar

Association Myrtle Beach Seminar Handbook (November, 1988)

"Civil Motion Practice from A Defense Perspective," College of Law

C.L.E. Book (September, 1988)

"Theories of Defense and Multiple Party Considerations," College of

Law C.L.E. Handbook (October, 1987)

"The Medical Professional Liability Act of 1986: New Procedural and

Evidentiary Requirements for Proof and Defense of Medical

Malpractice Claims in West Virginia,” 3 Defense Trial Counsel

Handbook 544 (1987)

"Mandolidis - Where Have All the Claims Gone,” 3 Defense Trial

Counsel Handbook 529 (1987)

PROFESSIONAL MEDICAL-LEGAL EDUCATIONAL SEMINAR PRESENTATIONS

“Historical Realities and Predictions about Future Litigation against West

Virginia Health Care Professionals”

West Virginia State Medical Association (August, 2007)

{F0724052.15 }27

“Dental Litigation,” West Virginia State Dental Association, (July, 2005)

“Surgical Malpractice,” American College of Surgeons, West Virginia

Chapter (May, 2005)

“Risk Management and Employment Law Update,” St. Mary’s Hospital

Medical and Dental Staff (July, 1999)

“Sexual Harassment Mock Trial,” Boyd County, Kentucky Dental

Society (February, 1996)

“Sexual Harassment in the Dental Office,” Cabell County Dental Society

(February, 1995)

“Obstetrical Risk Management Hazards,” Raleigh County Medical

Society (November, 1994)

"Perinatal Risk Management," Raleigh County Medical Society

(September, 1994)

"Legal Aspects of Documentation," Putnam General Hospital Medical

and Nursing Staffs (April, 1992)

"The Law of Informed Consent," Surgical Section of St. Mary's Hospital

(March, 1990)

"Risk Management for Physicians," Temple University Timberline

Winter Medical Legal Conference (January, 1989)

"Medical Malpractice Law for the Physician," Temple University

Summer Timberline Medical Legal Conference (June, 1988)

"Informed Consent - Alternatives and Options," Medical Staff, St. Mary's

Hospital (April, 1984)

"Anesthesia Malpractice," West Virginia Anesthetist Association

(November, 1983)

"Incident Reports and Medical Records," St. Mary's Hospital Nursing

Staff (September, 1982)

PROFESSIONAL LEGAL EDUCATIONAL SEMINAR PRESENTATIONS

“Perspectives on What Defense Lawyers Do That They Should Not Do”-

West Virginia Continuing Legal Education 36th Annual Mountaineer

CLE Series Seminar, WVU College of Law (September 5, 2015)

{F0724052.15 }28

-

“The Increasingly Perilous Legal Malpractice Climate and Its Evidentiary

Intersection with the Rules of Professional Conduct” - West Virginia

Continuing Legal Education “Litigation 2014” Seminar, Canaan

Valley (February, 2014)

“Municipal Home Rule in West Virginia” Continuing Legal Education

Seminar – West Virginia Municipal Attorneys Association,

Charleston, WV (January 30, 2012)

“Ethical Hail Marys – Perspectives on What Defense Lawyers Do That

They Should Not Do” West Virginia Continuing Legal Education

Seminar – WVU College of Law, Morgantown, WV (September 4,

2011)

“Strategic Intersection of Products Liability and Mandolidis Deliberate

Intent Litigation” - West Virginia State Bar Trial Seminar, Canaan

Valley (February, 2010)

“Expert Witness Reports – The Boundary Lines for the Case” Defense

Trial Counsel Young Lawyers Committee – Expert Witness

Workshop, Charleston, West Virginia (October, 2008)

“The Impact of the State and Federal Law on the Use and Admissibility

of Their Testimony – Legal & Strategic Consideration” – West

Virginia State Bar CLE, Huntington, West Virginia (August, 2007)

“Maximizing the Power of the Expert Witness” – West Virginia Trial

Lawyers Association 2006 Annual Conference, Charleston, West

Virginia (June, 2006)

“Appellate Case Preparation” – West Virginia Mutual Insurance

Company Defense Panel Forum, Charleston, West Virginia

(November, 2005)

“Current Status of Gentry Analysis in West Virginia–Updating and

Understanding The Law of Expert Witness Testimony,” West

Virginia State Bar/College of Law Seminar, Morgantown, West

Virginia (September, 2005)

“The Rule 404(b) War at the Supreme Court of Appeals,” West Virginia

State Bar Continuing Legal Education Seminar, Morgantown, West

Virginia (September, 2004)

{F0724052.15 }29

“Federal Court Motion Practice for First Timers (And Grizzled

Veterans),” West Virginia State Bar Continuing Legal Education

Seminar, Morgantown, West Virginia (October, 2003)

“Analysis And Perspectives Regarding The 2003 Significant Statutory

Changes To The Medical Professional Liability Act, W. Va. Code §

55-7B-1 et seq.” West Virginia Spring Judicial Conference,

Snowshoe, West Virginia (May, 2003)

“Proposed Medical Professional Liability Statutory Changes –A Panel

Discussion,” Kanawha County Bar Association Seminar (February,

2003)

“A Candid Commentary and Examination of the Amended Medical

Professional Liability Act and Selected Medical Malpractice

Topics,” West Virginia Spring Judicial Conference, Charleston, WV

(May, 2002)

“Employment Law Update,” St. Mary’s Hospital Senior Management and

Staff (April, 1999)

“Defining and Defending the Peer Review Privilege,” Lorman Business

Seminar (September, 1997)

“Expert Witnesses: Daubert and Its Progeny,” West Virginia State Bar

Litigation Seminar (February, 1996)

“Making the Appellate Record - Considerations for the Trial Lawyer,”

West Virginia State Bar Trial Seminar, Canaan Valley (February,

1995)

“Strategic Considerations for Handling Serious Bodily Injury Cases,”

Nationwide Insurance Company, ACE Group Presentation in

Columbus, OH (August, 1994)

"Winning Through Discovery," Mountain State Bar Association, Annual

Meeting, Bluefield WV (May, 1994)

"Spoliation of Evidence in Product Liability Cases," Cabell County Bar

Association Myrtle Beach Seminar (March, 1994)

"Masters in Trial, Automobile Crash Mock Trial,” American Board of

Trial Advocates Seminar. Charleston WV (June, 1993)

{F0724052.15 }30

"Wrongful Discharge Weakened: Management Regains Its Right to

Terminate Employment," Cabell County Bar Association Myrtle

Beach Seminar (March, 1993)

"Confidentiality of Medical Records: Third Party Access," Lorman

Business Center, Inc. Seminar, Charleston WV (April, 1992)

"A Primer on West Virginia's Wrongful Discharge Law," Cabell County

Myrtle Beach Seminar (March, 1992)

"Mistakes That Defense Lawyers Make," Defense Trial Counsel of West

Virginia (June, 1991)

"Comparative Negligence," West Virginia Spring Judicial Conference

(May, 1991)

"Minimizing Damages through an Effective Opening Statement," Cabell

County Bar Association Seminar (November, 1989)

"Competence, Communication & Case Management," (Speaker and

Seminar Chairman) West Virginia State Bar - WVU College of Law

Legal Ethics Continuing Legal Education Seminars, Charleston

(January, 1989) and Morgantown (February, 1989)

"Tips for Minimizing Damages," Mountain State Bar Association

Bluefield Seminar (December, 1988)

"Lawyer As Target: Ethical and Malpractice Traps for the Civil

Litigator," “Legal Ethics Seminar,” Cabell County Bar Association

Seminar, (November, 1988)

"Advanced Concepts in Civil Motion Practice," West Virginia State Bar,

College of Law (September, 1988)

"Advanced Course for Medical Malpractice Litigation," West Virginia

State Bar - WVU College of Law (September, 1987)

“Opening Statements,” Defense Trial Counsel of West Virginia Annual

Convention (June, 1987)

"Medical Malpractice Workshop," Defense Trial Counsel of West

Virginia Annual Convention (June, 1987)

“Bad Faith Litigation,” West Virginia State Bar Annual Convention,

(May, 1987)

{F0724052.15 }31

"Comparative Negligence, Multiple Tortfeasors, Contribution, Indemnity

and Third Party Practice in Automobile Litigation," West Virginia

State Bar - WVU College of Law Seminar (September, 1986)

"Medical Professional Liability Act of 1986," West Virginia State Bar -

WVU College of Law Seminar (December, 1986)

"Medical Malpractice Workshop," Defense Trial Counsel of West

Virginia Annual Convention (June, 1985)

"Mandolidis - Old Claims and New Statute," Mountain State Bar

Association Annual Meeting (June, 1985)

"Insurance Bad Faith Claims," West Virginia Claims Association Annual

Meeting (August, 1984)

"Closing Arguments," West Virginia State Bar - WVU College of Law,

CLE Seminar, Canaan Valley (January, 1984)

"Selected Closing Argument Problems," West Virginia State Bar - WVU

College of Law, CLE Seminar (September, 1983)

"Personal Injury Damages - A Defense Lawyer's Perspective," West

Virginia State Bar - WVU College of Law, CLE Seminar (February,

1983)

"Informed Consent," West Virginia State Bar - WVU College of Law,

CLE Seminar (October, 1982)

"Jury Instructions in a Products Liability Case," West Virginia State Bar,

WVU College of Law, CLE Seminar (September, 1982)

"The Mandolidis Problem," Jenkins, Fenstermaker, Krieger, Kayes &

Farrell Insurance Seminar, Huntington WV (May, 1982)

"Mandolidis - What Does It Mean," West Virginia State Bar Bridge the

Gap Seminar (May, 1982)

"Medicine in the Courtroom," West Virginia State Bar - Cabell County

Legal Secretaries Seminar (March, 1982)

"Commercial Litigation Damages," West Virginia State Bar - WVU

College of Law, CLE Seminar (September, 1982)

"Product Liability," West Virginia State Bar- Cabell County Legal

Secretaries Seminar (April, 1981)

{F0724052.15 }32

"Proof of Damages," West Virginia State Bar and WVU College of Law

CLE Seminar (September, 1981 and February, 1981)

"Medical Malpractice," West Virginia Legal Secretary - Paralegal

Seminar (April, 1981)

"Mandolidis and Beyond," West Virginia State Bar Annual Convention

(May, 1981)

"Breach of Contract - Presentation of Damage Evidence," West Virginia

State Bar and College of Law CLE (September, 1981)

"Products Liability and Comparative Negligence - Strange Bedfellows,"

West Virginia State Bar, CLE Seminar, Morgantown, West Virginia

(September, 1980)

"Comparative Negligence," Cabell County Legal Secretaries Association

Seminar (March, 1980)

"Proof of Damages," West Virginia State Bar Seminar, South

Charleston (March, 1980)

"Preparation of a Personal Injury Case," West Virginia State Bar Bridge

the Gap Seminar, Charleston, West Virginia (May, 1980)

"Comparative Negligence," Cabell County Bar Association Seminar

(September, 1979)

"Employee - Employer Suits After Mandolidis v. Elkins Industries,"

West Virginia University College of Law (2nd Annual Update of the

Law, (December, 1979)

"Effective Pretrial Discovery," National Association of Legal Assistants

Annual Seminar (September, 1978)

EDUCATIONAL SEMINAR PRESENTATIONS TO CIVIC ORGANIZATIONS

“An Update on Employment Law for the West Virginia Employer” -

Huntington Regional Chamber of Commerce (March, 2004)

Cecil H. Underwood Civil Justice Symposium, Public Education,

Charleston, West Virginia (November, 2002)

{F0724052.15 }33

"Catastrophic Injuries & Product Liability Litigation: A Primer for The

Product Manufacturer In The 1990's," National Safety Council, San

Diego, CA (October, 1994)

"Jordan and Sabrina Marsh Trial Docudrama," Tri-State Leadership

Law & Justice Day (June, 1992)

"Human Resource Conclave Re: Avoiding The Wrongful Discharge

Claim In West Virginia's Litigious Healthcare Environment," West

Virginia Human Resources Association Seminar (April, 1992)

"Mandolidis: Questions and Answers," West Virginia Safety Council

(September, 1982)

"Comparative Negligence - A Preview and Forecast," Huntington Tri-

State Claims Association (March, 1980)

"Update on the Law of Negligence," Huntington Tri-State Claim

Association (October, 1977)

CIVIC, COMMUNITY & ECONOMIC DEVELOPMENT BOARD MEMBERSHIPS

Advisory Board of Directors, June Harless Center for Rural Health

(2016-Present)

Board of Directors, PROMOTE (Promoting Rural Opportunities thru

Marshall University Outreach Team Efforts), Marshall University

Joan C. Edwards School of Medicine (2008-Present)

Board of Directors, REFS (Rezulin Endocrinology Fellowship Support

Fund, Marshall University Joan C. Edwards School of Medicine

(2008-Present)

Snowshoe Institute Advisory Board (2005)

Mid-Atlantic Technology, Research & Innovation Center Board of

Directors (2005-07)

Advantage Valley Board of Directors (2005)

Chemical Alliance Zone Board of Directors (2005)

Honorary Co-Chairman of Board of Directors Harmony Institute

Marshall University (2005)

{F0724052.15 }34

COMMUNITY ACTIVITIES

YMCA Youth League Soccer

President (1979-86)

Coach (1979-86; 2001-02)

Referee (1981-86)

Little League Baseball

President, League 6 (1988 -90)

Publisher, League 6 Newsletter (1988-90)

Church League Basketball

Coach (1987-96)

Soccer Referee Officiating

NISOA Collegiate Level (1985-89)

West Virginia High School Soccer Official (1984-88)

Huntington Museum of Art

Co-Chairman, Charitable Auctions (1979-82)

Open Door Campaign (1980)

Marshall University Alumni Association

Board of Directors (1978-81, 1985)

Marshall University Artist Series

Advisory Board of Directors (1978-80)

Cabell-Wayne Arthritis Foundation

Board of Directors (1979-80)

Executive Committee (1979-80)

Chairman, Financial Development (1979-80)

Guyan Golf & Country Club

President (1995-96; 2003-04; 2014-15)

Vice President (1994 - 95; 2003; 2013-14)

Board of Trustees (1993 - 97; 2003-04; 2010-Present)

LAW SCHOOL HONORS, OFFICES & CHAMPIONSHIPS

{F0724052.15 }35

Jessup International Law Moot Court Appellate Competition

World Champion (1973) (Great Britain vs. USA)

United States National Champion (1973)

WVU College of Law Team Captain (1974)

Undefeated Regional Finalist (1974)

West Virginia University College of Law

Senior Class President (1974)

National Moot Court Competition Team Captain (1973-74)

Moot Court Board

-Chief Justice (1973-74)

-Member (1972-73)

Law Review (1973)

Student Ethics Committee Member (Elected, 1973)

Corporations Book Award (Highest grade in the Class) (1973)

Baker Cup Moot Court Appellate Competition Finalist (1972)

Mountain, West Virginia University Ranking Men’s Honorary (1974)

MARSHALL UNIVERSITY UNDERGRADUATE

HONORS, OFFICES & EMPLOYMENT

Student Government

President of Student Body (1967-68)

Executive Cabinet (1966-67)

Student Senator (1964-66)

University Cabinet

First Student Member (1967-68)

Intercollegiate Forensics

Pi Kappa Delta Honorary

Debate Team

R.O.T.C.

Distinguished Military Graduate

Scabbard & Blade Leadership Honorary

Drum & Bugle Corps

Omicron Delta Kappa, University Leadership Honorary

Who’s Who in America Colleges and Universities

{F0724052.15 }36

THE ROBE, Marshall’s Ranking Men’s Honorary

MARCO, University Mascot (1966-68)

Marshall University Resident Director, South (now Holderby) Hall

(1968-69)

Ralsten, LTD (Men’s Clothing Store (1965-68)

Sears Roebuck (Marking Room, Loading Dock and Men’s Clothing at

Christmas (1964-67)

MILITARY SERVICE

United States Army Active Duty, Transportation Corps (1969-71)

Fort Eustis, VA

Lexington Blue Grass Army Depot, KY

First Lieutenant (1970-71)

Second Lieutenant (1969-70)

(Rev. 9/15)

TERRY W. FENGER, PhD CURRICULUM VITAE Marshall University Forensic Science Center, 1401 Forensic Science Dr., Huntington, WV 25701 304-691-8960 [email protected]

Higher Education

Employment At Marshall University, 1979 -Present

Postdoctoral Fellow, Louisiana State University Medical Center, 1976-1979

PhD, Southern Illinois University, Carbondale, Ill, 1976

B.A., Southern Illinois University, Carbondale, Ill, 1970

A.A., Kendall Junior College, Evanston, Ill, 1966

Professional Positions

Director of Marshall University Forensic Science Center, 1994 -Present

o WV CODIS Laboratory, FQS-I ( ISO 17025 Compliant)

o Parentage Testing Laboratory, FQS-I (ISO 17025 Compliant)

o Criminal Casework Laboratory, FQS-I (ISO 17025 Compliant)

Director and Instructor of Master’s Degree Program in Forensic Science Academic Program, 1994-Present

o FEPAC Accredited Master’s Degree Program in Forensic Science o FEPAC Accredited Digital Forensics Area of Emphasis

Professor, Department of Microbiology, Immunology and Molecular Genetics, 1991- Present o Associate Professor, 1984-1991 o Assistant Professor, Marshall University School of Medicine, 1979-1984

Chairman, Department of Microbiology, 1995-2006; Acting Chairman, Department of Microbiology,

1993-1995

Teaching Responsibilities:

Forensic Science Program:

o Foundation and Fundamentals of Digital Forensics, Semester Course, Current o Search and Seizure of Digital Forensics; Semester Course, Current o Crime Scene and Death Investigations, Semester Course, Current o Bioterrorism, Semester Course, 50% Responsibility, Current o Previously Taught Courses; Forensic DNA Technologies, Laboratory Management,

Comparative Forensic Sciences, Legal Issues

Marshall University School of Medicine: Medical Virology 22 hr./yr., Current

mailto:[email protected]

mailto:[email protected]

Terry W. Fenger, PhD

2

Working Group Membership/Participation

Technical Working Group for Higher Education in Forensic Science (TWGED), Develop

Guidelines and Recommendations for the Development and Implementation of Forensic Science Academic Programs at Graduate and Undergraduate Levels , Report June 2004

Forensic Resource Network (FRN), Program of the National Institute of Justice. Served the

National Forensic Community Through Technology, Research, Training and Service

National Governor’s Association Working Group ,2009

NIJ Social Science Research on Forensic Science Topical Working Group, Jan. 23-34, 2013

Congressional Testimony

Provided Testimony Before US Senate, Committee on Commerce, Science and Transportation (Rockefeller (D-WV) Chair), “Turning the Investigation on the Science of Forensics December 7, 2011,

Current and Previous National Institute of Justice Awards

Terry W. Fenger, National Institute of Justice Award NIJ-2015-3985 “Evaluating the Efficiency of the Use of the Qiagen® QIAsymphony® with High Throughput Y-screening as an Alternative to Conventional Serology, 01/01/16 – 12/31/17, $154,577.

Terry W. Fenger, National Institute of Justice Award 2010-IJ-CX-K015 “Forensic Science Center

DNA Laboratory”, 10/1/11 – 9/30/15, $4,575,000

Terry W. Fenger, National Institute of Justice Award 2010-IJ-CX-K025 “Technical Assistance,

Training, and Evaluation for the Local Criminal Justice Community Engaged in Digital Forensic

Activities”, 10/1/10 – 9/30/15, $855,000

Terry W. Fenger, National Institute of Justice Award 2009-IJ-CX-K011 “To Support a Training

Initiative for Personnel in the Area of Computer Crime Investigations”, 10/1/09 – 9/30/12,

$825,000

Terry W. Fenger, National Institute of Justice Award 2009-IJ-CX-K111 “A Highly-Advanced State-

of-the-art DNA Laboratory”, 10/1/09 – 9/30/13, $5,000,000

Terry W. Fenger, National Institute of Justice Award 2008-DN-BX-K219 “MUFSC: A National

Resource for State and Local Forensic Crime Laboratories”, 7/1/09 – 8/31/12, $4,248,155

Terry W. Fenger, National Institute of Justice Award 2007-MU-BX-K008 “Forensic Technology

Center of Excellence” Administered by National Forensic Science Technology Center – MUFSC

partner, 11/1/09 – 10/31/10, $163,826

Terry W. Fenger, National Institute of Justice Award 2008-DN-BX-K185 “Y-STR Analysis Training

in Support of for State and Local Crime Laboratories”, 01/01/09 – 12/31/10, $875,000


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Terry W. Fenger, National Institute of Justice Award 2008-MU-MU-K003 “Forensic Technology

Center of Excellence” Administered by NFSTC – MUFSC partner, 11/1/08 – 1/31/10, $360,000

Terry W. Fenger, National Institute of Justice Award 2007-MU-BX-K008 “Forensic Technology

Center of Excellence”, 11/1/07 – 10/31/08, $401,606

Terry W. Fenger, National Institute of Justice Award 2007-IJ-CX-K232 “Specialized Training for State and Local Forensic Investigators: Training Partnership”, 01/01/08 – 12/31/10, $510,974

Terry W. Fenger, National Institute of Justice Award 2007-MU-MU-K007 “Advanced DNA

Technologies Training in Support of State and Local Crime Laboratories, 01/01/08 – 12/31/10, $1,519,363

Terry W. Fenger, National Institute of Justice Award 2005-MU-BX-K020 “MUFSC & FRN

Initiatives to Improve Forensic Crime Laboratories”, 1/1/07 - 12/31/10, $4,692,526. Includes President’s DNA Initiative Award FY06.

Terry W. Fenger, National Institute of Justice Award 2005-MU-BX-K020 “MUFSC & FRN

Initiatives to Improve Forensic Crime Laboratories”, 7/1/06 – 6/30/09, $4,520,121. Includes President’s DNA Initiative Award FY05.

Terry W. Fenger, National Institute of Justice Award 2001-RC-CX-K002 “MUFSC & FRN

Initiatives to Improve Forensic Crime Laboratories” 7/1/01 - 12/31/07, $10,761,376. Includes President’s DNA Initiative Award FY04. Award also includes the program “Improve Capabilities of Crime Labs through Service, Research, and Technology-Based Training”.

Terry W. Fenger, National Institute of Justice Award 98-DN-VX-K001 “Development and

Implementation of WV STR CODIS Database”, Phases I and II, 7/1/98 - 4/30/02, $4,000,000 Current and Previous Bureau of Justice Assistance Awards (Supporting Computer Forensics)

Terry W. Fenger, Bureau of Justice Assistance Award 2006-RG-CX-0018 “Research, Training &

Technical Assistance for Criminal Justice Systems Engaged in Computer Forensics Activities”, 1/1/07 - 12/31/08, $701,022

Terry W. Fenger, 2005-RG-CX-1164 “Research, Training & Technical Assistance for Criminal

Justice Systems Engaged in Computer Forensics Activities”, 7/1/05 – 12/31/06, $517,988 Current and Previous US Department of Agriculture Awards (Bacterial Source Tracking)

Terry W. Fenger, US Department of Agriculture Award 2006-38885-03563 “WV Water Quality: Fecal Source Tracking and Pathogen Profiling”, 09/15/06-09/14/08, $555,984.00

Terry W. Fenger, US Department of Agriculture Award 2003-38885-02090; AMEND NO 1

“Assessment of WV Water Quality: Bacteria Source Tracking Database Development and Method Validation”, 09/15/03-09/14/05. $502,457.00

Terry W. Fenger, US Department of Agriculture Award 2003-38885-02090; AMEND NO 2 “Assessment of WV Water Quality: Bacteria Source Tracking Database Development and Method Validation”, 09/15/05-09/14/06. $528,323.00


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CSREES Award

Terry W. Fenger, CSREEDS Award 2008-38885-19242 “ Water Pollutants, WV Project at

Marshall University”, 09/01/08-08/31/09, $383,862.00

National Training Workshops Presented By MUFSC (Most Workshops, Week Long)

Presented To Forensic Science Community:

o Advance DNA Technologies Training, April 2005- Dec. 2011, 619 Trainees o Relationship/Parentage Training, Oct. 2009 – March 2014, 350 Trainees o Y-STR Analysis Training, June 2009- August 2011, 262 Trainees o Crime Scene Investigation Training (FBI) Dec. 2006- May 2011,322 Trainees

Expert System Test Bed, Oct. 2006 – 2009, 96 participant from CODIS laboratories

Crime Labs Receiving Master Degree Summer Interns, May 2008- August 2013, 45 Interns For 20 States and Washington, D.C.

Adult and Pediatric SANE Training, May 2004- November 2013, 430 Total Trainees (235 Adult

Trainees and 195 Pediatric Trainees)

State and Regional Training

Public Defender Conference, Forensic DNA Technologies, November 2002

Sexual Assault Response Training For Health Care and Law Enforcement on HIPAA, 2003

Regional Computer Forensics Group Meeting, Offered in Conjunction With George Mason

University, 2007

Prosecutors Chief Justices In-Service WV State Police

Host Site for MAAFS Annual Meeting, May 2008

Criminal Case Work Sexual Assault Kit Projects, NIJ Funded*

Los Angeles Sexual Assault Kits 280 SA Cases

New Orleans Sexual Assault Kits 833 SA Cases

Detroit Sexual Assaults Kits (In Progress) 800 SA Cases


5

Criminal Parentage/Relationship Case Work Assistance In Support of State Crime Laboratories*

North Carolina, Tennessee, Kentucky, Illinois, Ohio, Pennsylvania, Nebraska, Oregon and West Virginia, Maryland, Rohde Island; 264 Cases

Human Remains Identification Office of the WV Medical Examiner Property Crime Case Projects*

Miami-Dade Police Department Property Crimes Project, 1227 Cases

Charleston South Carolina, Low Country Property Crimes Project 382 Cases

Huntington, WV Property Crimes Project 220 Cases WV CODIS

Authorized Under WV CODE to conduct DNA Testing for WV CODIS, under the authority of the

WV State Police Digital Forensics Unit at MU Forensic Science Center

Partnership with WV State Police To Examine Digital Evidence in Criminal Cases

MU Forensic Science Center Awards And Recognition

Recognition of Sponsorship, 34th

ASCLD Annual Workshop and Symposium, Oct 5, 2006

Presidential Citation, International Association for Identification, The Twins Study, August 2009

Recognition for Customized DNA Training for Government of DC, Metropolitan Police Department Crime Laboratory Examiners, September 21, 2010

US Department of Justice (NIJ), Certificate of Appreciation, “For Exceptional Assistance With

Screening and Conducting DNA Analysis on over 800 Sexual Assault Kits…”, April 4, 2012

Innovation in Justice Award, US Department of Justice, US Attorney Southern District of WV, Oct. 15, 2012

Meetings Attended and Presentation Given

10/93 Future Technologies for DNA Analysis, Rockville, MD

06/95 Life Codes training in RFLP using chemiluminescent probes, Stamford, CT

10/95 International Symposia on Human Identification, Scottsdale, AZ


10/96 7th

International Symposium on Human Identification, Statistics Workshop, Phoenix, AZ


2000 American Academy for Forensic Science (Presenter), Seattle, WA

2000 NIH Conference on Mitochondrial Diseases

03/00 DNA Grantee’s Workshop, Washington, DC


6

05/00 Frenzie (Annual Conference)

05/00 NIJ 5th

Annual Conference on the Future of DNA, (Presenter)

06/00 Cambridge Healthtech Institutes 4th

Annual Conference

06/01 2nd

Annual DNA Grantee’s Workshop

06/01 Frenzie (Annual Conference)

11/01 NFSTC Training Workshop, Performance Level Auditing

2002 American Academy for Forensic Science, Atlanta, GA

12/01 12th

International Symposium on Human Identification, Parentage Minisymposium, Biloxi, MS

05/02 DNA Microarrays and T-RFLP Profiling (7.0) Contact Hours, ASM Annual Meeting, Salt Lake

City

05/02 Microorganisms in Food. 7.0 Contact Hours, ASM Annual Meeting, Salt Lake City

05/02 FBI Training Workshop

08/02 87th

International Education Conference, International Association for Identification

08/02 NWC3 Basic Data Recovery and Analysis Training

10/02 AABB Annual Meeting and TXPO, Parentage Testing SIG, Standards for Parentage Testing

Laboratories, 5th

Edition, Orlando, FL

10/02 13th

International Symposium on Human Identification, Parentage Testing Laboratories

Minisymposiurm Phoenix, AZ

06/03 “New DNA Technology Expedition”, Promega, Columbus, OH

12/03 FRN Meeting Orlando, FL

01/04 National Law Enforcement Technology Center Director’s Meeting Washington, DC

02/04 American Academy for Forensic Science, Dallas, TX

03/04 Multi-Regional Advisory Council Conference San Diego, CA

10/04 Attend 15th

International Symposium on Human Identity, Phoenix, AZ

11/04 DNA Databanks and Repositories, Saint Paul, MO

12/04 Workshop on Digital Evidence Laboratory America Society Crime Directors, Alexandria, VA

04/05 DNA TWG Meeting, Washington, DC

05/05 Mid-Atlantic Association of Forensic Scientist, Pittsburgh, PA

06/05 DNA Grantee’s Meeting, Washington, DC

07/05 Expert Systems Training, Cybergenetics, Pittsburgh, PA

06/06 DNA Grantee’s Workshop, Washington, DC

08/06 FRN Meeting, Washington, DC

10/06 ASCLD, (Presenter), San Francisco, CA

12/06 FRN Meeting Washington, DC

02/07 American Academy of Forensic Science National Meeting, San Antonio, TX

04/07 National Institute for Justice Applied Technologies Conference (Presenter), Anaheim, Ca

06/07 Cold Case Conference, Clearwater, FL

07/07 National Institute for Justice Conference, Washington, DC

08/07 Y-STR Meeting, Orlando, FL

08/07 Cold Cases Homicide Investigations Conference, Annapolis, MD

12/07 National Institute for Justice Forensics Policy Summit, Washington, DC

03/08 National Institute for Justice Applied Technologies Conference, Point Clear, FL

06/08 National Institute for Justice “Workshop for Laboratories Embarking on Validation of an Expert

System”. (Presenter) Tampa, Fl

07/08 National Institute for Justice Conference for 2008 (Presenter), Washington, DC

09/08 ASCLD (Presenter), Salt Lake City, UT

02/09 American Academy of Forensic Science National Meeting, Denver, CO

03/09 Forensic Science training Grantees Meeting, Indian Rocks Beach, FL


7

04/09 National Institute for Justice Applied Technologies Conference (Presenter), Kansas City, MO

05/09 Circuit Judge Education Conference (Presenter), Bridgeport, WV

06/09 National Institute for Justice Conference 2009 Washington, DC

09/09 National Governor’s Association, Working Group On Forensic Science, Wash DC (Presenter)

11/09 Prosecuting Attorneys Institute, Cell Phone Forensics (Presenter)

11/09 Prosecuting Attorneys Institute, NAS Report Focusing on Digital Forensics (Presenter)

02/10 American Academy of Forensic Science National Meeting, Seattle, WA

07/10 Appalachian Institute of Digital Evidence, GPS and Location Technologies (Presenter)

09/10 ASCLD, Baltimore, MD

02/11 American Academy of Forensic Science National Meeting, Chicago, IL

04/11 Tri-State Fire Academy, Geolocation On Mobile Devices (Presenter)

05/11 SANE Training, Digital Device Evidence (Presenter)

06/11 WV Summit and Expo, Homeland Security (Panelist )

07/11 Appalachian Institute of Digital Evidence (Presenter)

08/11 WV Prosecuting Attorneys Institute, Collection and Transport of Digital Evidence (Presenter)


10/11 IAAI: WV Chapter, Identification of Digital Evidence, Data Recovery (3 Presentations)

12/11 National Prosecuting Attorney Coordinators, Future Trends in Digital Forensics (Presenter)

12/11 US Senate Committee on Science, Commerce and Transportation (Testified on Forensic

Science), Senator Rockefeller Chair (D/WV)

01/12 NIJ SAK Action Research Team Meeting , Wash., DC (Presenter)

02/12 American Academy of Forensic Science National Meeting, Atlanta


06/12 Identity Technologies: Biometrics and Beyond (Presenter)

9/12 ASQ Southern Ohio Region, hosted by MUFSC (Presenter)

01/13 NIJ Social Science Research on Forensic Science Topical Working Group (Panelist)

10/13 International Association of Chiefs of Police. 120th Annual Conference of IACP;

Philadelphia, PA.

2/14 Attended AAFS Meeting, Seattle Washington, Completed Workshop, Multimedia Authentication:

Searching for Truth in the Digital World

05/15 Bode East DNA Technology Conference, Orlando

Oversight: Research Presented By MUFSC Faculty and Staff

National and Regional Meetings; Student Research Posters and Research Presentations

Abstracts Tsuchiya, Y., T.W. Fenger, and H. Rouhandeh. 1971. Inhibition of the Synthesis of Antigens by SV40 in Cells Pre-infected with Yaba Tumor Poxvirus. Bact. Proc., p. 85 Minneapolis.

Fenger, T., and H. Rouhandeh. 1972. Structural Polypeptides of Yaba Monkey Tumor Virus. Abst. Ann Meet. ASM., p. 225, Philadelphia.

Fenger, T., and H. Rouhandeh. 1976. Characterization of Yaba Monkey Virus Infected Cell Proteins. Abst. Ann. Meet. ASM., p. 242, Atlantic City.

Fenger, T., and C. Howe. 1977. Isolation of Measles Virus Receptor. J. Cell Biol. 75:401. Fenger, T., and C. Howe. 1978. Characterization of Measles Virus Receptors from Rhesus Monkey Erythrocytes. Ann. Meet. ASM. Las Vegas


8

Fenger, T., and C. Howe. 1978. Analysis of Antigens Expressed on Membranes of Cells Productively or Persistently Infected with Measles Virus. ASBC/AAI. Atlanta.

Centifanto, Y. M., H. E. Kaufman, and T. W. Fenger. 1979. Strain Specificity of Clinical Isolates of Herpes Simplex Virus. Abst. Ann. Meet. ASM., p. 240, Los Angeles.

Fenger, T. W. and C. Howe. 1979. Analysis of Measles Viral Proteins on Membranes of Infected Cells. Abst. Ann. Meet. ASM., p. 245, Los Angeles.

Fenger, T. W. and C. Howe. 1981. Characterization of Viral Glycoproteins Expressed on Measles Virus- Infected Cells. Abst. Ann. Meet. ASM., p. 260, Dallas.

Fenger, T. W. 1982. Characterization of Membrane-Associated Hemagglutinin from Measles Virus Infected Cells. FASEB. p. 1277. New Orleans.

Fenger, T. W. 1983. Proteins Associated With Nonreduced Hemagglutinin from Measles Virus Infected Cells. Abst. Ann. Meet. ASM. p. 304. New Orleans.

Fenger, T. W., E. Bingham, A. Sugar, and J. Smith. 1984. Luminol dependent chemiluminescence in neutrophils from normal and HSV infected rabbits. International Symp. in Bio. Sci., Viruses, Immunity and Immunodeficiency, Tampa.

Sugar, A., E. Bingham, T. W. Fenger, and J. Smith, 1985, Antibody Dependent PMN Chemiluminescence Induction by HSV. ARVO National Meetings, Sarasota, FL.

McCumbee, J., T. W. Fenger and R. Wang, 1985. A morphological study of the cornea infected by Herpes simplex. Southern Society of Anatomists, Huntington.

Foster, J.W., Y.K. Park, T.W. Fenger and M. Spector, 1989, Molecular analysis of NAD biosynthetic, regulatory and transport of Salmonella typhimurium. Abst. Ann. Meet. ASM, New Orleans, LA.

Fenger, T., T. Seaman, and R. Belshe, 1989, Plaque Reduction Assay to Detect HIV Neutralizing Antibodies in Sera from Human Vaccinees. V. International Conference on AIDS, Montreal.

Seaman, T., T. Fenger, 1989, Insertion of HIV env gene into a Eukaryotic Plasmid for Expression in Mammalian Cells. Regional ASM Meeting, Pittsburgh, PA.

Moore, M. R., D. Primerano, T. W. Fenger, and J. S. Strobl. 1992, A Progesterone Responsive Element In the c-myc Protooncogene. Research Symposium. Marshall University.

Seaman, W. T., R. Belshe, and T. W. Fenger, Functional Expression of HIV env Gene. Product in CD 4+

HeLa Cells. 1991, International Conference On Advances In Aids Vaccine Development, Marco Island, Florida.

Seaman, W. T., R. Belshe, and T. W. Fenger, Contribution of Hydrophobic Residues in the Functional Expression of HIV env Gene. 1992, American Society for Microbiology, Annual Meeting, New Orleans.


9

Seaman, W. T. and T. W. Fenger, Mutations within the Leucine Zipper of the Transmembrane Protein (gp41)

of HIV Interfere with Wild-Type Mediated Membrane Fusion. 1993, American Society for Microbiology, Annual Meeting, Atlanta.

O’Brien, T.L., A. McDonald, D. Bailey and T. Fenger. Bacterial Source Tracking In the Headquarters of the Potomac River. The Ohio River Basin Consortium for Research and Education 18 th Annual Scientific Symposium, 2002.

O’Brien, T.L., A. McDonald, D. Bailey and T. Fenger. Bacterial Source Tracking Methods Comparison, The Ohio River Basin Consortium for Research and Education, 18 th Annual Scientific Symposium, 2002.

O’Brien, T.L., A.K. McDonald, D.E. Bailey, K.M. Strickler, T. W. Fenger, Bacterial Source Tracking of E.coli By Pulsed Field Gel Electrophoresis Analysis, ASM Annual Meeting, Wash DC, 2003

Tincher, B.M., S. Rogers, A. Della Manna, T. Fenger, R. Roby. Joint Validation of a High Throughput Multi- Capillary Electrophoretic System Using Fluroescent Multiplex Short Tandem Repeats, AAFS, New Orleans, 2005

Rogers, S., B. Tincher, A. Della Manna, T. Fenger, R. Roby, A Concordance Study Comparing Different Amplification Chemistries and Electrophoretic Platforms For Databasing Program, AAFS, New Orleans, 2005

Helenek, K., J. Brunty, C. Vance, T. Fenger, A Forensic Analysis of Facebook Artifacts, AAFS, Atlanta, 2012

Corcoran, K., A. Read, J. Brunty, T. Fenger, Messaging Application Analysis for Android and iOS Platforms, AAFS, Washington DC, 2013

Friedman, R., J. Brunty, T. Fenger, A Digital Forensic Analysis on the iCloud and its Synchronization to Apple Devices, AAFS, Washington DC, 2013

Rusbarsky, K., C. Smith, J. Brunty, T. Fenger, A Forensic Comparison of NTFS and FAT32 File Systems, AAFS, Washington DC, 2013

Seferyn SE, Barr SE, Chute JM, Fenger TW. Expedited DNA Analysis and Demographic Comparison of Evidentiary Samples from ~1,800 Property Crime Cases. Poster session presented at: International

Symposium on Human Identification. 23rd

Annual Conference of Promega; 2012 Oct 15-18; Nashville, TN.

Seferyn SE, Barr SE, Gordon J, Chute JM, Fenger TW. An In-Depth Look: 412 Property Crime Cases from Lowcountry Region, South Carolina. Poster session presented at: American Academy of Forensic

Sciences. 65th

Annual Conference of AAFS; 2013 Feb 18-23; Washington, DC.

Seferyn SE, Barr SE, Stoiloff S, Chute JM, Fenger TW. “A Crime Scene Snapshot: A Look into Property Crime Cases from Miami, Florida.” IAI Conference. Rhode Island Convention Center, Providence, RI. 7 August 2013. Keynote Address.

Seferyn SE, Barr SE, Stoiloff S, Gordon J, Chute JM, Fenger TW. A Comparison of 1,600 Property Crime Cases from Miami, Florida and Charleston, South Carolina. Poster session presented at: The


10

Brewer,M., R. Boggs, T. Fenger, PhD, A Comparison Between Windows and Windows 7 Registries, MUFSC Research Day, Huntington (2014)

Wu, C. C. Vance, R. Boggs, T. Fenger, PhD Forensic Analysis of Data Transience Applications in iOS and Android, AAFS, Seattle ( 2014)

Green, J., I.Levstein, MS, Cpl. R. Boggs, T. Fenger, PhD, Steganography Analysis : Efficiency and Response-Time Of Current Stegananalysis Software AAFS Orlando (2015)

Baber, K., J. Brunty, MS, Cpl. R. Boggs, I. Levstein, MS, T. Fenger, PhD, Age Estimation of Adolescents and Adults Using Dimensions of the Eye and Pupil in “Selfie” Photographs, AAFS Orlando (2015)

Winkler, D., Cpl. R. Boggs, J. Sammons, MS, T. Fenger, PhD, Online Anonymity: Forensic Analsys of the Tor Browser Bundle, AAFS Orlando (2015)

Miller, P., L. Nudd, JD, C. Vance, T. Fenger, PhD, Cryptocurrency Artifact Analysis MUFSC Research Day, Huntington (2015)

Montanez, A., M. Younger, C. Vance, T. Fenger, Forensic Investigation of Cryptocurrency Wallets on iOS and Android Mobile Devices, MUFSC Research Day, Huntington (2015)

Wilkinson, K., Cpl. R Boggs, J. Brunty, MS, T. Fenger, PhD, Development of a Portable Mobile Phone Forensics Acquisition and Analysis Toolkit Utilizing Open Source Tools, AAFS Las Vegas (2016)

Parker, N., J. Brunty, Cpl. R. Boggs, T. Fenger, PhD, Age estimation of Adolescents Using Eye Measurements From Various Angles in Videos AAFS Las Vegas (2016)

Cervellone, A., R. Price, MS, J. Brunty, MS T. Fenger, PhD, A Comparison Of Computer Forensics Tools: An Open Source Evalution, AAFS Las Vegas (2016)

Papers

Fenger, T. and H. Rouhandeh. 1976. Proteins of Yaba Monkey Tumor Virus. I. Structural Proteins. J. Virol.

18:757-764.

Glorioso, J. C., and L. A. Wilson, T. W. Fenger and J. W. Smith. 1978. Complement mediated Cytolysis of HSV-1 and HSV-2 Infected Cells: Plasma membrane antigens reactive with type-specific and cross- reactive antibody. J. Gen. Virol. 40:443-454.

Fenger, T. W., J. W. Smith and C. Howe. 1978. Analysis of immunopreciated surface glycoproteins in measles virus and in membranes of infected cells. J. Virol. 38:292-299.

Fenger, T. W. and C. Howe. 1979. Isolation and Characterization of Erythrocyte Receptors for Measles Virus. Proc. Soc. Exp. Biol. Med. 162:299-303.


11

Adler, K. A., T. W. Fenger and L. A. Wilson. 1980. Blocking Induction of Human Cytotoxic T1 Lymphocytes with Anti-Ia Xenoantiserum. Transplantation 29:267-273.

Centifanto-Fitzgerald, Y., T. W. Fenger, and H. E. Kaufman 1982. Virus Protein in Herpetic Keratitits. Exp. Eye Research. 35:425-441.

Bingham, E., T. W. Fenger, A. Sugar and J. Smith 1985. Dependence on antibody for induction of chemiluminescence in PMN by herpes simplex virus. Invest. Ophthal. Vis. Sci. 26:1236-1242.

Fenger, T. W. 1993. Enzymatic Cleavage of Isolated and Membrane Bound Glycoproteins of Measles Virus Infected Cells. In revision.

Foster, J. W., Y. K. Park, T. Penfound, T. W. Fenger, M. P. Spector, 1990. Regulation of NAD metabolism in Salmonella typhimurium molecular sequence analysis of the bifunctional nadR regulator and the nadA- pnuC operon. J.Bact 172:4187-96.

Kahle, E. B., K. G. Butz, S. C. Chua, E. E. Kershaw, R. L. Leibel, T. W. Fenger, C. T. Hansen, O. E. Michaelis. The Rat Corpulent (cp) Mutation Maps to the Same Interval on (Pgm 1-Glut1) Rat Chromosome 5 as the Fatty (fa) Mutation. Obesity Research 5:2 March 1997.

Withrow, A. G., J. Sikorsky, J. C. U Downs, and T. Fenger. Extraction and Analysis of Human Nuclear and Mitochondrial DNA from Electron Beam Irradiated Envelopes, J. Forensic Science, 48: 6. 1-9. (2003)

Sikorsky, J., D. Primerano, T. Fenger and J. Denvir, . Effect of DNA Damage on PCR Amplification Efficiency with the Relative Threshold Cycle Method, BBRC 323: 823-830 ( 2004)

Stoeckel, D.M, M.M Mathes, K. Hyer, H. Kator, J. Lukasik, T. O’Brien, T. Fenger, S. Samadpour, K. Strickler and B.Wiggins. Comparison of Seven Protocols To Identify Fecal Contamination Sources Using Escherichia coli, Environmental Science and Technology, 38: 22. 6109-6117. (2004)


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On-Line Instructional Materials

Instructional learning for SANE nurses focusing on Forensic Photography for SANEs, Posted on

Foundation for Rape Information and Services training web site

Book Chapters

Fenger, T. W. 1990. Replication of RNA Viruses. In R. Belshe (ed.), Textbook of Human Virology, pp. 79- 102. Yearbook Medical Pub. Chicago.

Fenger, T. W. 1990. Replication DNA Viruses. In R. Belshe (ed.), Textbook of Human Virology, pp. 49-78. Yearbook Medical Pub. Chicago.

Fenger, T. W. 1984. Replication of RNA Viruses. In R. Belshe (ed.), Textbook of Human Virology, pp. 79- 102. Wright PSG Pub. Company, Boston.

Fenger, T. W. 1984. Replication DNA Viruses. In R. Belshe (ed.), Textbook of Human Virology, pp. 49-78. Wright PSG Pub.Company, London, Boston.

Howe, C., J. E. Coward and T. W. Fenger. 1980. Viral invasions. Morphological biochemical, and biophysical aspects. In H.Fraenkel-Conrat and R. W. Wagner (eds.), Comprehensive Virology, vol. 16, pp. 1-71. Plenum Press, NY.

Smith, J. W. and T. W. Fenger. 1980. Autoradiography and gels: measurement of radioactivity association with absorbance tracings and individual gel bands. In Liquid Scintillation Counting: Recent Applications and

Developments. Vol. II, pp. 77-86. Academic Press.

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